PLEASE READ & COMPLETE

TOUR MEMBER AGREEMENT

This Tour Participation Agreement outlines the policies of Carmen Darwin’s Company, IN THERE OUT THERE PTY LTD (“Company”) and what is expected of you as a participant on The Design & Lifestyle Tour. The Agreement also outlines payment methods as well as the cancellation/refund policy. We ask that you complete the Medical and Dietary questionnaire to help us better understand your needs while you while away.
I am sure that we will be blessed with a smooth-sailing trip, and the above conditions are meant to clarify your participation with Carmen Darwin, the operator of Company. Travel is usually easy and safe, but since travel outside of your home country always involves some risk, we always recommend our customers obtain comprehensive travel and health insurance to cover possible additional costs you could suffer anytime you fly (airline tickets, loss of luggage, trip delay, medical evacuation, etc.).

TOUR.
Company agrees to provide the Design & Lifestyle Tour as described. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Tour. (such as this Included Services: Included in your ticket price is all inclusions and the coordinated schedule, and an invite to a private Facebook group. Services not included: Our tours do not include transportation before or after the tour and your flights.

PRICE
Trip Price Guarantee: The price of the tour is at the price quoted on payment and will not change, even due to foreign currency fluctuations.

REFUND POLICY
All refund policy complies with Australian law. We know that life happens, and you can’t always make your travel arrangements. Please due to the nature of travel arrangements the Design & Lifestyle Tour is NOT refundable, but a place is transferrable to another person at ANY TIME before the tour starts. Please contact hello@carmendarwin.com for assistance if you need to make changes prior to departure. There are no full or partial refunds upon return from your trip.

INSURANCE
We strongly advise you to purchase third party health and travel insurance. No member of Carmen Darwin’s Design and Lifestyle Tour group is allowed to travel without adequate third-party insurance. There are many providers and plans to choose from; call your travel agent or insurance company to find the right fit for you.

CANCELLATION OF THE TOUR BY COMPANY
We reserve the right to cancel or reschedule any departure for any reason; including if there are too few participants, or if the quality of the trip or the safety of the travellers is judged to be compromised. In such cases, a full refund of payments received by Company shall constitute a full and final settlement. Company is not responsible for any loss incurred on account of non-refundable or non-transferable flight tickets.

ITINERARIES ARE SUBJECT TO CHANGE
We make a considerable effort is to adhere to proposed itineraries, but plans may be altered because of weather, acts of god or whims of the group determined by Company. Company reserves the right to modify the itinerary before or during the trip (remember, the health and safety of all trip participants are paramount).

PARTICIPATION
We want everyone to have a great trip! That’s why Company reserves the right to accept or reject any tour member or to remove any participant who does something on the tour that is deemed incompatible with the interests of the other participants, at our discretion, without any refund.

VISAS AND PASSPORTS
All passengers travelling internationally are required to have a passport. Most countries require that the passport is valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when travelling, as many countries require blank pages. It is your responsibility to verify all visa and passport requirements. The process of obtaining a visa and/or passport can take time, so check your passport now and allow yourself plenty of time before your departure date. You are responsible for obtaining and paying for all visas and entry documents, for meeting all health and other requirements, and for any documents required by the laws, regulations, orders, and/or requirements of Italy. Visa and entry documents must be obtained independently. Non-Australian citizens must consult with appropriate consulates to determine if any visas are needed. Company is not responsible for providing you with specific visa and passport information or documentation, for any fees associated with obtaining these documents, and Company cannot accept liability for any passenger refused entry onto any transport or into any country due to failure of the passenger to carry correct documentation or adhere to specific entry and exit requirements.

CONFIDENTIALITY
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Agreement (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.

COMPELLED DISLCOSURE OF CONFIDENTIAL INFORMATION
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.

NON-DISCLOSURE OF COMPANY MATERIALS
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.

Company’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and are granted as a single-user license. Client is not authorised to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.

Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

NON-DISPARAGEMENT
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.

INDEPENDENT LEGAL ADVICE
You have adequate time before signing this document to seek independent legal advice regarding this document.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of Queensland, Australia, regardless of the conflict of laws principles thereof.

15. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to Resolution Institute. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in [CITY, STATE]. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including legal fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

17. ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

COUNTERPARTS
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.

SEVERABILITY
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

WAIVER
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

ASSIGNMENT
This Agreement may not be assigned by either Party without express written consent of the other Party.

FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, Commonwealth or State Department travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonably increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

Tour Member Agreement
Sending

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (“Agreement”)
Italy 2017
WARNING: READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE SIGNING
The release of liability, waiver of claims, assumptions of risk and indemnity agreements have held up in Australian courts. By signing this document, you are assuming physical, financial, and legal risks and that you will waive certain legal rights, including the right to sue, which have potential financial implications for yourself and/or your family should you be injured, incapacitated, or killed while participating in a Design and Lifestyle Tour activity.
Understand clearly that travel outside of your country of origin may have inherent risks.
To: In There Out There Pty Ltd (“Company”), and its directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors and assigns (all of whom are hereinafter collectively referred to as the ““Company””)
In consideration of the Releases allowing me to participate in trip activities as defined in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. Definitions
1.1 This Release of Liability, Waiver of Claims, Assumption of Risks and Indemnifying Agreement is hereinafter referred to as the “Agreement”.
1.2 Certain trip activities including, but not limited to, international travel, all travel or movement by aircraft, trains, water taxis, ferries, helicopters, or vehicles, villa and apartment stays and other accommodation, physical activities with and without instruction including hiking, swimming, walking tours (on a various terrain including uneven surfaces) consumption of meals and alcoholic beverages. All activities incidental to these listed have risks of injury, including serious injury. I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such activity. I further agree and warrant that if at any time, I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activity.

2. Medical and health history
2.1 I will notify Company’s employees, staff, or volunteers if I suffer from any medical or health condition that may cause injury to myself, others, or may require emergency care during my participation. I will notify them of any health condition prior to departure on the registration forms and also during the tour if required.

3. Assumption of Risks
3.1 I UNDERSTAND THAT I will not be permitted to participate in any trip activities unless I sign this Agreement, and that this Agreement applies to any ITOT trip activity whether occurring in the near future or distant future and that the terms of the Agreement need not be brought to my attention each time I participate in any trip activities in order to be effective.
3.2 I UNDERSTAND THAT trip activity expose participants to known and unanticipated risks, dangers, and hazards, which could result in damage or loss to my own or other’s property, serious physical or emotional injury, paralysis, or death.
3.3 I UNDERSTAND THAT risks are inherent in the very nature of international travel and that participating in trip activities may present the following risks:
a) loss or damage to personal property;
b) death or personal injury as a result of a criminal act by third parties, terrorism, war, civil unrest, riot, detention by a foreign government, arrest, natural disaster, extreme weather conditions, exposure to polluted or contaminated water;
c) personal injury or property damage caused by manmade or natural objects,
d) property damage or personal injury caused by transport such as trains, taxis, ferries, water and all land vehicles driven by the company owner or companies hired to drive;
e) alteration, delay, extension or cancellation of the trip activities, due to natural disaster, civil unrest, war, terrorist attack, medical quarantine, or any other disturbances or causes, and including but not limited to guide’s sickness or inability to guide;
f) unavailability of life-saving services or immediate medical attention;
g) my own physical condition and my own acts or omissions,
h) my own failure or that of other trip participants to follow instructions of guides;
i) negligence of other trip participants, and
j) becoming lost or separated from my party or guide.
3.4 I UNDERSTAND THAT risks may result from human error and negligence on the part of persons involved in preparing, organising, and leading/guiding the Design and Lifestyle trip activities, which could result in a failure to safeguard or protect me from the risks, dangers and hazards of the trip activities. While I understand that the trip leaders/guides will make reasonable efforts to minimise exposure to known risks, I have a personal responsibility to make them aware at any point in which I question my knowledge of these procedures or my ability to participate in any activity.
3.5 I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS and dangers, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE “COMPANY” (as defined below) or others and assume full responsibility for my participation. I acknowledge that these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, of the negligence of Company. I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity.

4. Release of Liability, Waiver of Claims and Indemnity Agreement
4.1 I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Company, its sponsors, employees, staff, volunteers, other participants, owners and lessees of the premises on which the Activity is conducted (““Company””) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “COMPANY” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; and I further agree that if, despite this Agreement, I, or anyone on my behalf, including my heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity makes a claim against any of the “Company”, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE “COMPANY” from any litigation expenses, legal fees, loss, liability, damage, or cost which may be incurred as the result of such claim. [initial here] 4.2 To hold harmless and indemnify the “Company” from any and all liability for any damage to property of or personal injury to any third party resulting from my participation or presence on any “Company” activity.
4.3 I acknowledge that I have been advised to purchase medical and travel insurance for myself prior to my trip and agree to hold harmless the “Company” from any and all non-scheduled or emergency expenses related to first aid or medical treatment and/or evacuation of myself in the event of an accident, injury, or illness, including but not restricted to: ambulatory care or hospital care. I acknowledge and agree that all expenses associated with non-scheduled or emergency medical treatments or rescue will be my responsibility and will not be covered by the “Company”.

5. GOVERNING LAW

5.1 This Agreement shall be governed by and construed in accordance with the laws of the state of Queensland, Australia, regardless of the conflict of laws principles thereof.

6. DISPUTE RESOLUTION
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to Resolution Institute. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Brisbane, Queensland. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including legal fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor the course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

COUNTERPARTS.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.

SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

ASSIGNMENT.
This Agreement may not be assigned by either Party without express written consent of the other Party.

FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, Commonwealth or State Department travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonably increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

I ACKNOWLEDGE THAT I AM 18 YEARS OR OLDER, HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Client Agreement as of the date first indicated above.